Petitioner sought writ to quash interim maintenance order. Respondent withdrew main maintenance petition. Court dismissed writ as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024 BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.16329 OF 2022 (GM-FC)
BETWEEN:
…PETITIONER
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
(BY SRI. TIMMANNA BHAT, ADV.,)
AND:
…RESPONDENT
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER ON IA NO.I PASSED BY THE PRINCIPAL JUDGE FAMILY COURT SHIMOGA IN MC NO.33/2021 DTD.13.7.2022 ANNEXURE-A. GRANT AN INTERIM ORDER TO STAY THE ORDER ON IA NO.I DTD.13.7.2022 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT SHIMOGA IN MC NO.33/2021 ANNEXURE-A PENDING DISPOSAL OF THE W.P.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:635 WP No.16329 of 2022
ORDER
Learned counsel for the petitioner has filed a memo seeking leave of this Court to withdraw the petition. The memo reads as under:
"In the above Writ Petition the Petitioner has challenged the Interim Order of maintenance passed by the Trial Court, which is stayed by this Hon'ble Court.
In the meanwhile, the Respondent wife has filed a memo for withdrawal of the main petition, MC No.33/2021, filed before the Family Court, Shivamogga. The copy of memo for withdrawal is enclosed. Acting on the memo of the Respondent, the family Court, Shivamogga has passed an order on 01.12.2023, dismissing the main petition as withdrawn, with liberty to file fresh petition, subject to law of limitation.
Hence, the present writ petition does not survive for consideration and therefore, it may be dismissed as infructuous."
NC: 2024:KHC:635 WP No.16329 of 2022
interlocutory applications do not survive for consideration
and are accordingly dismissed.
Sd/JUDGE
RV
SRI. M.N. NARENDRA
SMT. BHAGYALAKSHMI H.G.
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
